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Archive for August, 2018

Steps Included in a Personal Injury Case

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Due to the unique situation of each person, there is no black and white solution for each personal injury case. But there is a basis in which each case would follow provide an idea of what to expect.

Personal-Injury-Law-Gavel-Stethoscope

Here you can get an idea of what to expect when filing for a personal injury lawsuit.

At the law offices of Berry K. Tucker & Associates, Ltd., our personal injury attorneys take a professional approach to the situation. We combine the right information with years of experience and knowledge of current law in order to provide the most effective solution for the client.

Our process of personal injury cases goes as follows:

  1. Consultation with an attorney
  2. Personal injury case investigation
  3. Demand for settlement
  4. Filing a personal injury lawsuit
  5. Discovery phase of the case
  6. Mediation
  7. Trial
  8. Appeal

1. Initial Consultation with an Attorney

Immediately after an accident, you should reach out to a personal injury attorney about the details of your case, including:

  • Whether the other party was negligent
  • If there is a defendant from whom to receive compensation
  • The severity and extent of your injuries
  • Your legal options
  • Your medical expenses

Feel free to ask any questions during the initial consultation with Berry K. Tucker & Associates, Ltd.

2. Personal Injury Case Investigation

If you retain counsel, one of our attorneys will investigate the details of your case, including all details about the accident scene, photographs, police reports, witness testimony, medical bills and records, employment history and earning power, as well as other details that are important to your case.

They may also work with accident reconstruction experts, medical professionals, or other professionals involved in your case. They will also look into the defense of the other party to determine their liability.

For many cases involving car accidents, we will need to research the vehicle’s information, including its condition before the crash as well as the condition of the road. If there was any video footage of your vehicle or even of the crash, it will be found as well.

Finally, additional witnesses of the accident may also be contacted in order to obtain statements. But your attorney should keep you informed at all times regarding the details of your case as well as be responsive to your legal questions.

3. Demand for Settlement

This step will demand a settlement that will include the letter outlining your case. This will include the liabilities and damages that highlight the following:

  • Injuries
  • Medical bills
  • Lost wages
  • Pain and suffering
  • Loss of life’s enjoyment
  • Future medical care and expenses

This demand letter will be reviewed by the defendant, be it an individual, business, or insurance company in which they will either reject, counteroffer, or accept it. As this letter is often the most important step in starting the case, ensuring that it includes all details is crucial.

4. Filing a Personal Injury Lawsuit

If your case cannot be settled without taking legal action, one of our attorneys will work with you to file a personal injury lawsuit seeking compensation for your injuries.

5. Discovery Phase of the Case

Before going to trial, the other party will need time to gather evidence and determine the nature of both sides of the case. Keep in mind that it’s not only using the right information during this time, but how it’s done.

When the time is right, Berry K. Tucker & Associates, Ltd. will work aggressively in order to gather the necessary information for the case.

6. Mediation

Before filing the lawsuit, it is possible that a mediator will schedule a session in which you and the opposing party can reach an agreement to prevent going to trial. But keep in mind that the actions taken during this session can significantly impact one’s case, so it’s important to work with a trained and experienced attorney.

At Berry K. Tucker & Associates, Ltd., our attorneys have over 50 years of combined legal experience, including handling negotiations. These experiences have allowed us to win numerous high-value cases in order to provide the solution that served in our clients’ best interests.

7. Trial

If an agreement was still unable to be made, the next step in this case would be to go to trial. During this process, the jury will review the facts, determine the fault, and then award the damages.

8. Appeal

Depending on the proceedings, the opposing party may appeal the case. Known as an appellate process, this will usually proceed differently than the normal trial process. But it’s helpful to work with experienced appellate practitioners to assist with these cases.

Work with an Experienced Attorney

Berry-K.-Tucker-Divorce-Lawyer-Oak-Lawn-IL

Berry Tucker has years of experience with personal injury cases. Be sure to ask him how he can help you get the compensation you deserve.

Personal injury cases are definitely no walk in the park. Especially when filing a lawsuit, working with an experienced attorney who has negotiated during both mediation and trial will be critical. It’s also important to ask the right questions during the consultation to get an idea of what will be done when working on your case.

If you live near the Oak Lawn, IL area, don’t hesitate to contact the law offices of Berry K. Tucker & Associates, Ltd. Our personal injury attorneys are not only experienced in handling numerous cases, but we will provide a consultation to discuss your case as well as what will be done in order to obtain the compensation that you deserve. We will then work with you throughout your case, negotiating with the other party in order to reach a solution that works in your best interest.

To speak with one of our attorneys, contact Berry K. Tucker & Associates, Ltd. at (708) 425-9530.

What Happens When Someone Dies Without a Will?

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Intestate is the term used by the court system to identify a person who has died without a valid will. The scenario is one in which the individual has “died intestate”. The living family members will want to know who will inherit the assets and how the estate will be distributed.

Inestate Succession

Last-Will-and-Testament-Form-with-Gavel

Here’s how the assets are divided when a loved one dies without a will.

In intestate succession, the state law allows for certain classes of family members to inherit the decedent’s estate. Each state has its own set of laws for intestate succession, which offers an organized and systematic way to distribute property.

The class of heirs delineates who will receive what portion of the decedent’s estate. For example, in the case where a decedent leaves behind a spouse and four children, the estate will be divvied up, with half of the estate going to the spouse and the other half distributed to the children. If the decedent had no spouse but children only, the estate goes directly to the children. If the decedent leaves behind no spouse and no children, more distant relatives receive the share.

Five classes of heirs exist when evaluating an intestate case:

  • Parents
  • Surviving spouse of the decedent
  • Descendants, including children and grandchildren
  • Siblings, nieces, nephews and other descendants of the decedent’s parents
  • Aunts and uncles (the descendants of grandparents)

When none of the above survive at the time of the intestate succession, then the estate escheats to the state or county. Such situations where the state receives the entire estate rarely occur, as state laws are designed to ensure that even the most remote relatives receive the inheritance. Unmarried partners, friends and charitable organizations do not receive a decedent’s assets under intestate succession laws.

It is important to note that certain property cannot by law be passed by a will. These assets include the following:

  • Property in a living trust
  • Assets in a 401(k), IRA or retirement plan with a named beneficiary
  • Stocks, real estate or vehicles held in a transfer on death (TOD) account or deed/title
  • Proceeds from life insurance policies
  • Assets held in joint tenancy, including bank accounts and real estate

These types of property may only be passed on with documentation that establishes co-ownership or a beneficiary.

Those Who Will Not Receive Assets

All states have established laws that prevent a relative who behaved badly toward the deceased individual from inheriting any assets. For example, kindred who committed a crime against the person who died, causing the individual’s death, will almost never receive anything from the decedent’s estate. Parents who failed to pay child support, committed crimes against the child or abandoned the child do not profit from the deceased child’s assets.

Children

Children can have varying descriptors in the eyes of the courts. Foster children, for instance, do not typically inherit an estate from foster parents. Stepchildren who are not legally adopted by the deceased usually do not receive a portion of the inheritance. Legally adopted children have the right, according to state laws, to receive the estate just as would biological children.

However, intestate succession laws do not give children adopted by an unrelated family the legal right to inherit the property of the biological parents nor the right for biological parents to inherit from the deceased child. In adoption cases where inheritance is in question, the state laws cut the legal tie between birth parents and their children.

Spouses

State laws give careful consideration about who qualifies as a spouse. Normally, a spouse is one who is legally married to the decedent at the time of death. Questions may arise as to the legal status of marriage, such as in the following scenarios:

  • Pending divorces and legal separation blurry the line between who qualifies as a spouse and who does not in the eyes of the law. If divorce proceedings are begun before an individual dies or if the couple is separated prior to one spouse dying, a judge will consider whether or not the surviving member is deemed a spouse.
  • Differing states may or may not recognize common-law marriages. Some states do allow common-law marriages, in which a couple intends to get married, cohabits and presents themselves as would a married a couple.

Other Relatives

Illinois has certain additional laws that effect intestate succession. “Half” relatives, such as a half-brother or half-sister, are entitled to a deceased parent’s inheritance just as would “whole” relatives. Relatives who are not citizens of the United States are entitled to an inheritance under Illinois intestate succession laws.

Those who abuse, neglect, or exploit an elderly individual will not receive any portion of that person’s estate upon his or her death. Illinois laws also stipulate a survivorship time period of 120 hours. This means that in order to inherit, the individual must outlive the decedent by at least 120 hours. If two siblings are involved in a car accident, for example, and one sibling dies a few hours after the other, the survivorship law does not allow for the inheritance of property.

Estate Planning Attorneys

When you are in doubt about a family member’s transference of property when no will is found, consult the most trusted estate planning lawyers in Oak Lawn IL, Berry K. Tucker & Associates, Ltd. Our lawyers are experienced in helping clients develop wills and trusts. Our estate attorneys not only assist you with creating and modifying a will, but also with contesting wills.

The Berry K. Tucker & Associates Ltd. team of lawyers also specialize in trusts as a part of estate planning. Clients will want to provide for the future of their family with the development of a trust. Examples of trusts on which we focus include charitable trusts, dynasty trusts, life insurance trusts, family trusts, living trusts and special needs trusts, among others.

Plan for your family’s future by consulting the skilled will and trust attorneys at Berry K. Tucker & Associates, Ltd. Our lawyers are available for an immediate consultation at (708) 425-9530.

Worker’s Compensation Eligibility: Find Out If You Are Eligible

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A warehouse worker who slips and falls while mopping the floors could be eligible for worker’s compensation. The drug store employee who injures herself while moving merchandise boxes to the appropriate aisle could also be a candidate for worker’s compensation. A businessman who falls down the hotel lobby stairs while on a business trip could also receive worker’s compensation benefits.

What is Worker’s Compensation?

Worker’s compensation protects employees from the financial consequences of workplace injuries. This insurance program covers the employee regardless of who is at fault, whether a colleague, customer, or employer. Limits do apply to receiving worker’s compensation benefits, however.

All of the following factors will determine whether or not one is eligible for worker’s compensation benefits:

Worker's-Compensation-Form

The following factors will determine whether you are eligible for worker’s compensation

1. Employee Status
2. Injured on the Job
3. Commutes
4. Reporting Timeframe
5. Employer Coverage
6. Exceptions

1. Employee Status

An individual must be an employee to be eligible for worker’s compensation. Volunteers, for instance, provide services on a volunteer basis and are not candidates for benefits. Exceptions do exist, however. Volunteer firefighters are sometimes covered by some states’ worker’s compensation programs.

Independent contractors and consultants are not typically eligible for worker’s compensation benefits. Still, the rules vary state by state, and those who signed a 1099 tax form will likely go to court to resolve any disputes.

2. Injured on the Job

To be eligible for worker’s compensation, the employee must have been injured while engaging in work-related activities. The fine line between work-related and non-work-related situations can be illustrated with the following examples:
An employee takes a lunch break and is injured in the cafeteria after slipping on spilled food. This individual is likely to receive worker’s compensation benefits because the injury occurred during work hours and on the company’s premises.

However, an employee who takes a lunch break at the local deli and twists his ankle while at the deli is not eligible for worker’s compensation benefits. This individual’s injury did not occur on workplace premises and is not a work-related incident. However, this employee could receive worker’s compensation benefits if he picked up lunch for his boss from the deli and the injury occurred at the time.

3. Commutes

Commutes to and from work are not considered time on the job and do not entitle an employee to worker’s compensation benefits if injuries occur. However, exceptions to this rule do allow some employees to receive benefits. For instance, an individual driving a company vehicle, an employee running errands for the employer or someone who regularly travels for work can be eligible for worker’s compensation benefits.

4. Reporting Timeframe

Employees who have been injured as a result of work-related activities must report the injury within a specified timeframe, which differs from state to state, in order to be eligible for worker’s compensation. Typically, most states have a 10 to 90-day time period for employees to make a written report for their employer. Once the employer is made aware of the employee’s injury, the employee typically has one to three years to file a worker’s compensation claim.

Different states may allow more time to file a claim. Some states also extend the time limit for filing claims if the individual is unable to file a claim immediately due to such scenarios as falling into a coma, prolonged treatment of the injury (such as burns), or being quarantined due to a contagious condition.

Those with mild work-related injuries should not hesitate to file a claim, since injuries can get worse over time. A claim will simply close in the event that a work-related back condition heals on its own. However, waiting to file a claim for a back injury that grows increasingly severe could lead to becoming ineligible for worker’s compensation benefits.

5. Employer Coverage

The vast majority of employers provide worker’s compensation coverage. While state laws differ, worker’s compensation coverage is usually dependent on the number of employees an employer has, the nature of the business and the type of work employees engage in. Most state laws require an employer to have coverage if they have at least one employee; other states require two to five employees.

Employees of the federal government are protected with a unique federal worker’s compensation system. Federal workers are guided by federal worker’s compensation benefit systems rather than state systems.

6. Exceptions

Domestic workers, such as housekeepers or nannies, are typically not covered by many states’ worker’s compensation programs. Other states exclude these professions if the employees are part time.

Temporary workers, or those hired by staffing agencies, are also covered by worker’s compensation so long as any injury sustained occurred while on the job. The primary challenge in temp workers’ claims is determining who is responsible for the coverage, the temp agency or the company to which the employee was sent to perform work.

Seasonal workers may also be excluded from some states’ worker’s compensation programs. Most states do, however, cover immigrant workers who lack the legal status to work.

Work with an Attorney

As the victim of injury while on the job, your medical bills, lost wages, and time off work are likely to cost you and your family valuable time and expense. You’ll benefit from seeking the services of a worker’s compensation attorney who will handle your case with professionalism and ensure you receive proper compensation. The attorney will discuss with you what is considered eligible under your state’s worker’s compensation laws and find out if your injuries make you eligible for benefits.

In Illinois, workers who have sustained injuries on the job have a two year time limit to file a worker’s compensation claim. When you are ready to discuss your claim, contact Oak Lawn’s most trusted personal injury lawyers. The Berry K. Tucker & Associates, Ltd. legal team is experienced in all facets of personal injury law. Our lawyers’ wealth of experience includes birth injuries, bicycle accidents, car accidents, medical malpractice and wrongful death.

The dedicated team of personal injury lawyers at Berry K. Tucker & Associates, Ltd. will review your case, work with your insurance company, inform you of your legal options and fight for maximum compensation. We also offer an initial consultation to help you get started on resolving your worker’s compensation claim quickly.

11 Mistakes to Avoid During Real Estate Transactions

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In order for a real estate transaction to be successful, both parties must be determined and willing to negotiate. In other words, it isn’t often that the perfect home comes up in a search that has everything you want at the perfect price.

Negotiation is Very Important

If you are looking to buy a home right away, working on your negotiating skills and knowing where to begin will be key in order to land the lowest price without pushing things too far. You will first want to get familiar with the market conditions and understand the steps involved in a real estate transaction.

Familiarize yourself with the market area and prices to determine what is considered reasonable as well as determining your counter-offer. But if it’s a seller’s market (where there are more buyers than homes on the market), the seller probably won’t be as flexible to negotiation, so keep this in mind when determining your strategy.

Within each real estate transaction, there are numerous factors to be considered and it’s almost impossible to predict the nature of the negotiation before it happens. But there are key strategies to be aware of so you can best prepare yourself and avoid any mistakes that can end up costing you for the next 15 or even 30 years.

Be sure to avoid the following mistakes during a real estate transaction:

Signing-Real-Estate-Document-with-Keys-to-Property

Make sure to avoid these mistakes when buying or selling your property.

  1. 1. Being afraid to lose the deal
  2. 2. Being too greedy
  3. 3. Only focusing on price
  4. 4. Prioritizing your needs
  5. 5. Threatening with an ultimatum
  6. 6. Taking control of the situation
  7. 7. Not controlling your emotions
  8. 8. Overreacting to their offer
  9. 9. Being nervous about your image
  10. 10. Being overconfident

1. Being Afraid to Lose the Deal

Even if you find the perfect home, you should never be afraid to lose it. Being too determined can only lead to disappointment and missing out on better opportunities. Even if you feel regretful about losing the property for whatever reason, your gut feeling will probably tell you that it wasn’t worth it.

But do keep in mind that you and the buyer or seller are both looking to make the transaction successful; therefore, as long as you are both determined, it is likely that you will both “win” in the end.

2. Being Too Greedy

Nobody will want to make a deal that doesn’t meet their best interests. In fact, being too greedy can actually push people away, causing you to miss your highest bidder or lowest offer because your pride took over. Make sure to consider all offers and stay reasonable with prospects.

3. Only Focusing on Price

Yes price is a big factor but it’s not the only one. If you make this mistake, you could be missing out on some opportunities for a great deal. If you’re the seller, consider adding in some other assets like furniture, washing machine, or refrigerator to make up for a higher price. If this doesn’t interest them there are a number of other terms that can be negotiated in order to get the price you are looking for.

4. Prioritizing Your Needs

Of course everyone will think about how they can benefit from the deal, but they make the mistake of not taking the other party’s interest into account that makes them lose it. To avoid this, get to know the other person and what is important to them.

By learning about their wants and needs, it’s more likely that you can negotiate a deal that will work in both of your best interests.

5. Threatening with an Ultimatum

Getting hasty to end the deal with an ultimatum can be tempting, but always consider stopping the negotiation. Being overly aggressive during the transaction can end up in an accepted but regretted contract or cause the deal to fall through.

In the worst case scenario, they may respond to your aggression by taking legal action because they may feel backed into a corner. Surely you wouldn’t want to feel this way, so it’s best to avoid it altogether.

6. Taking Control of the Situation

It’s common for parties to take control of the situation which gives them the feeling of having the upper hand, but it’s not often that they consider how it will affect the other person. The deal will most likely end up falling through because they feel weak or have no control.

Instead, show that you can be humble and allow them to take partial control. This way they can feel confident that they are making the best decision and end up in a fair deal between both of you.

7. Not Controlling Your Emotions

If the other party sees that you are becoming emotionally attached to the deal, they will feel more inclined to negotiate terms in their favor.

To avoid this mistake, make sure that your emotions are contained before entering the deal; it is important to care, but not too much. Be sure to write down any alternatives to the situation in case an agreement cannot be made. This way you will have some other options that can still give you a fighting chance without letting your emotions take over.

8. Overreacting to Their Offer

Even if their offer isn’t anywhere near what you expected, read through the details before reacting to it. They may be offering something else in exchange for the lower amount you were looking for.

Before entering the deal, clear your head and emotions. Then you can come up with a counter offer that makes sense for you.

9. Being Nervous About Your Image

Thinking about the wants and needs of the other party is important, but this shouldn’t deter you from making an offer that works for you. Regardless of the amount, make sure to support your decision with research and confidence about why you think it’s fair.

Even if the offer is low, tell them why, including facts from research and how it represents the market value of the property. If they are determined to sell the property, they will listen to your case and may even accept your offer because you did your homework.

10. Being Overconfident

It’s good to enter a deal with confidence, but too much can come off as conceited and have a negative impact on your ability to negotiate. Before making a quick decision to counter an offer, make sure that you have done all your research so you can support your reasoning.

A helpful tip would be to write down key points in the deal, bring notes, and practice what you will say. Doing this will show your professionalism, confidence, good reasoning, and minimize errors during the deal.

11. Not Working with a Real Estate Attorney

It can be tempting to save money by skipping out on working with a real estate attorney. But this can end up costing much more in the long run. Especially if you are buying your first property, detailed contracts can be misleading, boring, and difficult to understand.

But an experienced real estate attorney will know exactly what to look for, reading the fine print carefully, and “translating” the terms to give you an understanding of what you are signing. It has also been proven that working with an attorney can increase the chances of having a successful transaction which in turn serves both parties best interests.

Berry K. Tucker & Associates, Ltd.

If you are looking for an experienced real estate attorney, check out the law firm of Berry K. Tucker & Associates, Ltd. Our lawyers have not only overseen numerous transactions, but we have negotiated terms that proved to have successful results. Whether you are buying or selling residential or commercial property, we can negotiate the details as well as answer all of your questions, so you can make a decision with the confidence that you are getting a fair deal.

Our attorneys can provide all of the following:

Berry-K.-Tucker-Divorce-Lawyer-Oak-Lawn-IL

Berry Tucker has years of experience with real estate transactions. Ask him how he can help you with the property you are looking to buy or sell.

  • Explain the real estate transaction process and requirements
  • Examine all real estate documents
  • Register legal documents
  • Ensuring legal ownership
  • Handling issues with the title
  • Drafting necessary documents for closing
  • Handling negotiations
  • Attend the closing meeting

Final Thoughts

Real estate transactions can seem straightforward at first, but they only get more complicated further into the process. If at any time you feel nervous or have questions about the transaction or legal process, don’t hesitate to reach out to one of our attorneys at Berry K. Tucker & Associates, Ltd. We will guide you through each step of the process and negotiate a solution that works in your best interest.

Give us a call at (708) 425-9530 to speak with one of our real estate attorneys.

What is Considered Personal Injury?

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Personal injury law (also known as tort law) includes the case of an injured plaintiff to receive compensation for the fault of another’s intentional or negligent act to cause the plaintiff harm. Personal injuries can include a number of situations and can be serious if the individual suffered a severe injury.

Personal-Injury-Law-Gavel-Stethoscope

Make sure to contact a personal injury attorney right away if you have suffered on behalf of another.

This article will explain what is considered personal injury, according to the law.

  1. 1. Car Accidents
  2. 2. Medical Malpractice
  3. 3. Slip and Falls
  4. 4. Defamation: Slander and Libel
  5. 5. Dog Bites
  6. 6. Battery, Assault, and Other Intentional Torts

1. Car Accidents

Car accidents make up the majority of personal injury cases in the US. An accident usually occurs when one isn’t following the rules of the road, either not paying attention or going too fast in the given conditions.

The defendant, or careless driver, will be held responsible for the injuries occurred during the accident. There are exceptions in “no fault” states, whereas the drivers must collect from their insurance companies, except in cases of severe injuries.

2. Medical Malpractice

When a healthcare professional or doctor does not provide the necessary or competent care a patient needs, the injury or pain and suffering of a patient is the result. These medical malpractice cases are considered more complex as they involve a number of unique situations.

3. Slip and Falls

Another type of common personal injury case, the property owners (or renters) must keep their homes free of hazards and safe to prevent the injuries of any and all visitors. While not all injuries sustained on the property will result in the owner being liable, this is not always the case. Ultimately, their legal duty will vary depending on the unique situation and state where the injury happened.

Slip and Fall personal injury claims are usually based on premises liability laws.

4. Defamation: Slander and Libel

Defamation in the state of slander or libel is when one suffers an injury to his or her reputation as a result of false claims. The plaintiff must prove who they are and the situation in which the claim was made. Usually, this person will need to prove that the false statement was made and they suffered financial harm as a result.

In the case of public figures or celebrities, they must prove “actual malice,” meaning they must prove that the false claim was made intentionally or with disregard to the truth of what was really true.

5. Dog Bites

Most dog owners are always financially responsible for bites and injuries occurred to the person from the dog. The details of the law will vary according to each state. But in some situations, there are strict liability rules and the owner of the dog will be liable for the damages caused by the dog bite, even if the dog never showed aggression in the past.

Some states go by the “one bite” rule in which dog owners are responsible for personal injury charges if there is a reason for them to know their dog is aggressive.

6. Battery, Assault, and Other Intentional Torts

Intentional torts are not based on accidents as a result of carelessness, but when one intentionally harms another. These cases will usually involve the condition of a criminal case against the perpetrator. For instance, if one physically harms another, they will most likely face criminal charges. The victim can also file a personal injury lawsuit against the criminal to get proper compensation for the injuries.

Work with a Personal Injury Attorney

Berry-K.-Tucker-Divorce-Lawyer-Oak-Lawn-IL

Berry Tucker has years of experience with diverse divorce cases. He can also provide a cost-effective solution for your case.

If you can identify with any of the situations explained above, it’s important to reach out to a personal injury attorney right away. In addition to paying for your medical bills, you can also be compensated for pain and suffering as a result of the injury.

When searching for a lawyer, it’s important to find one who is experienced and is knowledgeable of all updated laws in order to receive the most compensation. This must also be done as soon as possible as there is a time limit for which you will need to file to fully prove that their wrongdoing was a result of your injuries.

One such experienced law firm includes Berry K. Tucker & Associates, Ltd. Not only do they have over 50 years of combined legal experience, but they can provide the guidance and assistance you need to receive proper compensation for all injuries occurred. They have also worked in diverse cases, allowing them to make well-rounded decisions in unique situations that have ended up working in the client’s best interest.

For more information on their personal injury attorneys, please call Berry K. Tucker & Associates, Ltd. at (708) 425-9530. We look forward to hearing from you soon!

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Oak Lawn, IL 60453

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